How to modify a child custody order

Changing a Custody, Visitation or Child Support Order

Child Custody & Visitation

This article answers frequently asked questions about changing an existing custody, visitation, child support, medical support, or dental support order.

Composed by TexasLawHelp • Last Updated on January 7, 2022

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How do I change an existing custody, visitation, child support or medical support order?

You can ask a judge to change a custody, visitation, child support or medical support order by filing a modification case.

Can a court order be changed without going to court?

No. Only a judge can change a court order.

Are there do-it-yourself forms I can use to file a modification case?

Yes. Get instructions and do-it-yourself modification forms here: I need to change a custody, visitation, or support order.

Note: The modification instructions are written for uncontested cases (agreed or default). If your case is contested, it’s best to hire a lawyer or apply for help from Texas Attorney General Child Support Division.

Who can file a modification case?

Either parent can file a modification case.

If you are not the child’s parent, you can file a modification case if:

You are listed as a party in the current order,
You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent.
You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died.
You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and:
Both parents are dead,
Both parents, the surviving parent or managing conservator agree,
The child’s present circumstances will significantly harm the child’s physical health or emotional development.

The Texas Attorney General Child Support Division can also file a modification case. Learn when the Texas Attorney General Child Support Division can help and how to apply for their services here: Texas Attorney General: Frequently Asked Questions about Child Support Modifications.

Can the Attorney General help me change a court order?

Maybe. Learn when the Texas Attorney General Child Support Division can help and how to apply for their services here: Texas Attorney General - Frequently Asked Questions about Child Support Modifications.

Do I need a lawyer to help me with my modification case?

You do not have to have a lawyer to file a modification case. However, before filing your case it’s a good idea to talk with a lawyer about your situation. A lawyer can explain your rights and options.

If you need help finding a lawyer, you can:

Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
Check our Legal Clinic Calendar to learn if there is an upcoming free legal clinic near you.
Use Ask a Question to chat online with a lawyer or law student.

Can I hire a lawyer just to give me advice?

Yes! You can hire a family law lawyer just to give you advice, review your forms, draft a document or help you prepare for a hearing. You may then be able to handle the other parts of your case yourself. Hiring a lawyer for a limited purpose is called “limited scope representation.”

How much does it cost to file a modification case?

When you file a court case, you must usually pay a “filing fee.” If you need to have the other parent (or other conservator) served, you must also pay an “issuance fee” and a “service fee.” These fees vary by county. Contact the district clerk’s office in the county where you plan to file your case to learn the fees.

If you don’t have enough money to pay the fees, you can ask a judge to waive the fees by completing and filing a Statement of Inability to Afford Payment of Court Costs. Read this short article to learn more: Court Fees & Fee Waivers.

How long does a modification case take?

That depends. If everyone agrees to the changes and is willing to sign the necessary forms, a modification case can be finished in a matter of days.

If everyone does not agree, your case is contested. Contested modifications will take much longer.

Where do I file a modification case?

You must file a modification case in the Texas county where the current order was made.

If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made. However, you have the option of asking the court to transfer the case to the child’s new home county. You must file a Motion to Transfer at the same time you file your Petition to Modify the Parent-Child Relationship. Talk to a lawyer about whether this makes sense for your case.

If your child has lived in another state for the last 6 months, talk with a lawyer about where to file your case. Use our Legal Help Finder tool for help finding a private lawyer or free or low-cost legal help in your area.

Will I use the same cause number in a modification case?

Yes. The modification case is filed using the same cause number as the current order. The cause number and court number should be at the top of the first page of the current order.

What if my order is from another state?

Ask a lawyer to help you determine if Texas has jurisdiction to change your out-of-state order.

If you need help finding a lawyer, you can:

Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you.
Use Ask a Question to chat online with a lawyer or law student.

What if my order is from Texas but the child, the other parent or I now live in another state?

Ask a lawyer to help you determine if the Texas court that made your order still has jurisdiction to change your order.

If you need help finding a lawyer, you can:

Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you.
Use Ask a Question to chat online with a lawyer or law student.

Who is the “petitioner” in a modification case?

The person asking for the current order to be changed is the “petitioner.” This is true even if that person is listed as a “respondent” in the existing order.

Who must be listed as a “respondent” in a modification case?

Anyone else listed as a party in the current order must be listed as a “respondent.”

If the Office of the Attorney General Child Support Division is listed as a party in the current order you must also list it as a “respondent.”

Will the judge change my court order?

It depends. There are legal standards that judges must follow before changing a court order. It is up to the person asking for the change to prove the legal standard. Read about the different legal standards below.

What is the legal standard to change child support or medical support?

To change child support or medical support you must prove that:

The circumstances of the child, a conservator or other person affected by the order have materially and substantially changed, or
It has been at least three years since the last child support order, and a new support order, based on child support guidelines, would differ from the last support order by at least 20% or $100.

The legal standards for modifying child support changed effective September 1, 2018. See below and read Texas Family Code chapter 156.401.

If, however, you and the other parent made an agreement about the amount of child support in the orders, then the legal standard might be different. If you and the other parent agreed to a current child support amount that is different than what the percentage guidelines in the Texas Family Code would have required, then you will not be able to modify the child support amount simply because it has been three years since the last orders were signed and the monthly child support obligation differs by 20% or $100 from the order.

In this situation, you can only modify the child support order if you can show that the “circumstances of the child, a conservator or other person affected by the order have materially and substantially changed.”

The Family Code does not define “material and substantial change,” and proving this depends on the facts of each case. Usually, in order to determine if the circumstances have materially and substantially changed, the court will look at the circumstances at the time the agreement on child support was made and ordered and compare them to the circumstances at the time of the modification seeking to change that child support agreement.

Also, if your order is an order in a Title IV-D (Attorney General) case and does not include orders for medical support or dental support for the child, then a court may modify the orders without anyone having to show that there has been a material change in circumstances since the last orders were entered.

See Texas Family Code 156.401.

What is a “material and substantial change in circumstances” for changing child support or medical and dental support?

Generally, this means that at least one of these things has happened:

The income of the parent ordered to pay child support has either increased or decreased, or
The parent ordered to pay child support is legally responsible for additional children, or
The child's medical insurance coverage has changed, or
The child's living arrangements have changed.

Warning: Do not file a frivolous modification suit. You can be assessed attorney’s fees if the court finds that the modification suit was filed frivolously or to harass the other side. See Texas Family Code chapter 156.005.

Some Texas courts have said that a decrease in a parent's salary can be a material and substantial change in circumstances supporting a modification in child support. To help you figure out if you could succeed in your modification suit, you should talk to a lawyer who practices in the county where your orders were signed. Also, the Harris County Law Library has a family law research guide if you need to research the issue more.

Is my new baby a material and substantial change in circumstances to change child support?

If you are the person paying child support (the Obligor), your new baby is a material and substantial change in circumstances. The court may consider making a new child support order that takes into account your responsibility to support the new baby.

If you are the person receiving child support (the Obligee) and your new baby has the same father as your other children, the baby is a material and substantial change in circumstances. You’ll need to file a Paternity suit or Suit Affecting the Parent-Child Relationship (SAPCR) combined with a Suit to Modify the Parent-Child Relationship. File the case about your new baby in the same cause number as the order about your other children. The Attorney General’s Office may be able to help you with this.

If you are the person receiving child support and your new baby has a different father, the baby is not a material and substantial change. You’ll need to ask for child support from your new baby’s father in a different case. The Attorney General’s Office may be able to help you with this.

What is guideline child support?

Texas law sets the following general guidelines for calculating child support. Child support based on these guidelines is called “guideline child support.”

1 child = 20% of the non-custodial parent’s average monthly net resources

2 children = 25% of the non-custodial parent’s average monthly net resources

3 children = 30% of the non-custodial parent’s average monthly net resources

4 children = 35% of the non-custodial parent’s average monthly net resources

5 children = 40% of the non-custodial parent’s average monthly net resources

6 or more children = not less than 40% of the non-custodial parent’s average monthly net resources

See Texas Family Code 154. 125.

You can use the Texas Attorney General Child Support Calculator to calculate guideline child support.

Note: Guideline child support is slightly different if the non-custodial parent has other children.

Read this article to learn more: Child Support & Medical Support.

There are also different guidelines that apply if the payor's monthly net resources are $1,000 or less.

What if the existing order was not based on the child support guidelines?

If your agreed child support order differed from the guidelines at the time it was made, the court may change the order only if:

you and your ex agree to the change, or
the court finds that there has been a material and substantial change in circumstances.

What if it costs more for me to see the kids because they have moved?

The court may change your orders to divide the increased costs fairly. Usually, the court orders the person who moved to pay the extra expenses. The court must believe any changes to the orders are best for the children.

What if I find out that I’m not the child’s genetic father, can I stop paying child support?

Not unless the court orders that you can stop paying child support. You may have the option of asking the court to terminate the parent-child relationship between you and the child if you find out you’re not the genetic father and you meet certain other requirements. This would end your obligation to pay future child support, but not your obligation to pay child support you already owe.

What is the legal standard to change custody or visitation?

To change custody or visitation you must prove that the change is in your child’s best interest and that at least one of the following is true:

The circumstances of the child, a conservator or other person affected by the order have materially and substantially changed. or
The child is at least 12 years old and tells the judge (in the judge’s chambers), who the child wants to live with, or
The person with primary custody has allowed someone else to have primary care and possession of the child for at least 6 months. (This does not apply if the person with primary custody is on active duty military deployment.)

Is family violence a material and substantial change in circumstances?

The law specifically says that a conviction or order of deferred adjudication for family violence is a material and substantial change in circumstances that will justify a modification of custody or visitation.

Family violence may also be a material and substantial change in circumstances even if the other parent has never been arrested or convicted. If family violence has occurred, you can ask a judge to make a new order for custody and visitation that protects the safety and well-being of you and your children.

If you need help, call one of the organizations listed below for more information:

National Domestic Violence Hotline, (800) 799-SAFE (7233),
Crime Victims, (888) 343-4414, or
Family Violence Legal Line, (800) 374-HOPE (4673).

Is child abuse a material and substantial change in circumstances?

The law specifically says that a conviction or order of deferred adjudication for an offense involving abuse of a child is a material and substantial change in circumstances that will justify a modification.

Child abuse can also be a material and substantial change in circumstances even if the Respondent has never been arrested or convicted. If child abuse has occurred, you can ask a judge to make a new order for custody and/or visitation that protects the safety and well-being of your child.

If you need help, call one of the organizations listed below for more information:

National Child Abuse Hotline, (800) 4-A-CHILD (422-4453),
Crime Victims, (888) 343-4414, or
Family Violence Legal Line at (800) 374-HOPE (4673).

What else qualifies as a material and substantial change in circumstances?

The law does not specifically say what else qualifies as a “material and substantial change in circumstance.” However, there are many court decisions that talk about this.

An experienced family law lawyer can help you determine whether or not a judge is likely to find that there has been a material and substantial change in circumstances in your particular situation. The lawyer can also help you determine what type of evidence you will need to prove your allegations. It’s possible to hire a lawyer just to give you legal advice, this is called limited scope representation. You can use the Legal Help Finder tool to search for a lawyer, free legal aid program or self-help center in your area.

Can I ask that custody be changed within one year of the current order?

Unless you meet certain legal requirements, you must wait at least a year before going back to court to change primary custody of a child. Learn more here: Child Custody Modification within a Year of Current Order.

What if the parent with primary custody is active in the military and is deployed?

Unless the parents (and anyone else named as a conservator) agree, the court can’t permanently change custody just because a military parent has been deployed. However, either parent can ask the court for temporary orders that temporarily change custody during the deployment.

In this case, the court’s first choice for temporary custody must be the other parent. If living with the other parent would not be in the child’s best interest, the court’s second choice must be a person designated by the military parent. The court’s third choice would be a person chosen by the court.

The court may also make temporary changes to child support and visitation. For example, the court may temporarily change who pays child support. Or the military parent may ask the court to allow a designated person, such as a grandparent or step-parent, to visit the child while the military parent is deployed.

When the military deployment ends, the temporary orders end. Custody returns to the military parent and the original child support and visitation orders resume.

What if the parent with visitation rights is deployed?

If the parent with visitation rights is deployed, he or she may ask the court to make temporary orders to allow someone (such as a grandparent or step-parent) to take the military parent’s visitation with the child while the military parent is gone.

If the parent with visitation rights is deployed, he or she also has the right to ask the court to award make-up visits. This must be done within 90 days of the date the parent’s deployment ends. Read Texas Family Code 153.709.

Can I stop following the existing order as soon as I file a modification case?

No. You must follow the existing order until a new order is signed by the judge. Talk to a lawyer if you have questions about this.

I am concerned the custodial parent will try to move our child far away or out of state.

Is there anything I can do?

Some orders include a geographic restriction, which limits where the child can live. You should review your order to see if it includes one. If it doesn’t, you can file to modify your order and ask that the judge add a geographic restriction. You can read more about geographic restrictions here: Geographic Restrictions.

A nonparent (e.g., grandparent) is caring for my child temporarily. Do I need to do a modification so that the nonparent can take my child to the doctor, enroll them in school, etc.?

If nonparent (e.g., grandparent) is caring for your child temporarily, you may think you need to do a modification so that the nonparent can take my child to the doctor, enroll them in school, etc.

This is not necessarily the case. If your child is temporarily in the care of a nonparent, you can get a temporary authorization for care of minor children. However, when there is a court order in place, you will need to get permission from the court to do this. You can read more here: Going to Court to Get Temporary Authorization to Care for a Child.

If the other parent agrees, and you can reach them, see this article: Authorization for Nonparent Care of a Child. There is a form you can fill out without having to go to court: Authorization Agreement for Nonparent Relative or Voluntary Caregiver is available in the forms bank web site of the Texas Department of Family and Protective Services.

There is a toolkit for asking the court for temporary authorization here: Temporary Authorization for Care of Minor Child (Texas Family Code 35).

Is going to jail or prison a reason to modify child support?

Incarceration of a child support obligor in a local, state, or federal jail or prison for a period exceeding 180 days is a material and substantial change of circumstances for the purposes of this section. (See Texas Family Code 401(c-1), which takes effect September 1, 2021).

What happens if a fit parent dies, and the other parent is unfit?

The death of a conservator is grounds for modification. But, awarding primary conservatorship to the surviving parent is not automatic if there were previously restrictions on the surviving parent's access to the child, and the reasons behind those restrictions still exist. See Texas Family Code 156.106 (effective September 1, 2021).

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Modifying Your Parenting Plan, Schedule or Child Support: 2 Ways

To modify court orders — including a parenting plan, parenting time schedule and child support award — you have two options: Agree on changes with the other parent, or ask the court to rule on disputed changes.

Either way, the court will only modify orders under certain circumstances. First and foremost, it must consider any modification to be in the best interests of the children.

Use Custody X Change to create a modified parenting plan and schedule to show the court or other parent.

Make My Modified Plan Now

To avoid the need for modifications, address anticipated changes when you write your parenting plan. For example, parents of a toddler can include a new schedule for when the child starts kindergarten.

For information specific to the largest U.S. states, see our guides to custody orders in California, Florida, Georgia, Illinois, Michigan, New York, North Carolina, Ohio, Pennsylvania and Texas.

Requirements for modifying plans and schedules

Generally, courts only order modifications if a family can prove a significant change in circumstances, such as:

A long-distance move
A long-term change to a parent's work schedule
A change in a parent's ability to care for the child
A shift in the child's needs due to age, health, etc.

However, some courts don't require a change in circumstances if evidence shows the current orders don't meet the children's needs. And requirements may be less stringent for parents who agree on a modification than for parents who disagree.

In a few states, children can choose which parent to live with once they reach a certain age (e.g., 14 years old in Georgia).

Some states place time frames on modifications (with exceptions for extraordinary circumstances). For example, Virginia courts only modify if it's been at least six months since orders were issued, and Illinois courts only modify if it's been two years.

Evidence that you meet requirements

You'll have to present evidence of the need for modified orders and of any relevant changes in your family's life. Common evidence includes:

A report that shows actual parenting time compared to scheduled time
A custody journal with notes about problems as they occurred
Records showing that police or the court had to enforce custody orders
Documents demonstrating a parent's new work schedule or move
Statements from doctors, teachers, caregivers and other witnesses
Medical, school, work, criminal and other official records
Photos, emails, texts, social media posts and other unofficial records

Requirements for modifying child support

If your child support payment is based on parenting time, the court automatically adjusts the payment when it issues new orders for parenting time.

All U.S. states have child support enforcement programs, which can help with modifications. Many of these programs let parents periodically request a child support recalculation — for example, every three years.

Otherwise, to modify child support, your family must have had a significant change in finances. Some courts require that a parent's income change by a particular percentage, while others require evidence of an involuntary job loss. Some also modify support if a child's medical expenses increase by a certain amount.

When a parent isn't paying support on time or in full, the court may modify the order so payments are automatically deducted from the parent's paychecks.

Agreeing to modifications

When you agree with the other parent to stray slightly from a court order — for example, by moving a weekly exchange by a few hours — you don't need to get court approval or amend the order.

For bigger changes and any affecting child support, you have to do both. Submit your agreement to the court with a motion for an uncontested modification and any evidence. A judge will review the request, possibly in a hearing.

To help you reach an agreement, you can use a mediator, parenting coordinator, religious adviser, etc. You can even stipulate in your parenting plan what dispute resolution method you'll use to decide issues.

Asking the court to decide modifications

When parents can't agree, they go through litigation, which ends with a judge (or court referee) deciding modifications in a hearing. The court might grant either parent's requested modifications, come up with different changes or decline to modify the orders.

Prior to the hearing, many courts refer parents to mediation to encourage an agreement. If a parent alleges abuse or other safety concerns, the court might order an evaluation.

The wait time for a modification hearing depends on the court's calendar and how it prioritizes requests. Parents may wait a couple weeks or a few months, though they can request an expedited hearing if the children face immediate risk. Parents must follow the most recent orders while they wait.

At the hearing, both parents can present evidence, which the judge considers along with reports from any evaluations. When children are mature enough to understand the situation, the court also considers their preferences, which they can communicate through signed statements, an attorney for the child, a custody evaluator or a private interview with the judge. Children rarely testify in court.

In some states (e.g., Florida and Kentucky), the judge who issued the case's original orders also decides modifications.

Staying organized through the modification process

Modifying court orders can be as complicated as getting them in the first place. Organization and preparation are essential.

During your initial case, create a parenting plan that explains how you'll handle modifications.

After you get orders, gather information to prepare for the possibility of modifying. Track the time each parent spends with the children, keep a custody journal, save conversations with the other parent, etc.

The Custody X Change app enables you to do all of this in one place.

With a parenting plan template, a parenting time tracker, a digital journal, a secure messaging center and more, Custody X Change makes sure you're prepared for every turn in your custody journey.

Take advantage of our technology to stay on top of your custody situation from the very beginning until your children become adults.

Use Custody X Change to create a modified parenting plan and schedule to show the court or other parent.

Make My Modified Plan Now

Use Custody X Change to create a modified parenting plan and schedule to show the court or other parent.

Make My Plan

Release of a guardian or custodian from the performance of their duties

Applicants have the right to a pre-trial (out-of-court) appeal against decisions and actions (inaction) taken (carried out) by local governments, officials, municipal employees of local governments in the course of providing public services. The pre-trial (out-of-court) appeal procedure does not exclude the possibility of appealing against decisions and actions (inaction) taken (carried out) in the course of providing public services in court. The pre-trial (out-of-court) appeal procedure is not mandatory for the applicant.

The subject of pre-trial (out-of-court) appeal are:

violation of the deadline for registration of the applicant's request for the provision of public services;
violation of the term for the provision of public services;
requirement from the applicant of documents that are not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
refusal to accept documents from the applicant, the provision of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, regulatory legal acts of St. Petersburg;
a requirement from the applicant when providing a public service for a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
refusal of a local government body, a municipal employee of a local government body providing a public service, to correct misprints and errors in documents issued as a result of the provision of a public service, or violation of the deadline for such corrections.

The complaint is submitted in writing on paper, in electronic form to the local government. Complaints against decisions made by an official of a local self-government body are submitted to the Government of St. Petersburg.

A complaint can be sent by mail, through the MFC, using the Internet information and telecommunications network, the official website of the local government, a single portal of state and municipal services or a regional portal of state and municipal services, and can also be accepted at the personal reception of the applicant.

The complaint must contain:

name of the local self-government body, official of the local self-government body or municipal employee of the local self-government body whose decisions and actions (inaction) are being appealed;
last name, first name, patronymic (the last name, if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as the contact phone number (numbers), email address (s) (if available) and the postal address to which the response should be sent to the applicant;
information about appealed decisions and actions (inaction) of a local government body, an official of a local government body or a municipal employee of a local government body;
arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the local government, an official of the local government, or a municipal employee of the local government. The applicant may submit documents (if any) or their copies confirming the applicant's arguments.

The complaint received by the local authorities is subject to consideration within the following terms:

within fifteen working days from the date of registration of the complaint;
within five working days from the date of registration of the complaint in the event of an appeal against the refusal of a local government body, an official of a local government body to accept documents from the applicant or to correct misprints and errors, or in the event of an appeal against a violation of the deadline for such corrections;
at other times in cases established by the Government of the Russian Federation.

Based on the results of consideration of the complaint, the local government takes one of the following decisions:

satisfies the complaint, including in the form of cancellation of the decision, correction of misprints and errors made by the local government in documents issued as a result of the provision of public services;
refuses to satisfy the complaint.

Not later than the day following the day of the decision, the applicant in writing and at the request of the applicant in electronic form shall be sent a reasoned response on the results of the consideration of the complaint.

When considering a complaint by a local self-government body, a citizen has the right to:

get acquainted with documents and materials related to the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law;
receive a written response on the merits of the issues raised in the complaint, notification of forwarding the written appeal to the state body, local government or official whose competence includes resolving the issues raised in the appeal;
appeal against the decision or action (inaction) in connection with the consideration of the appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
submit additional documents and materials or apply for their reclamation, including in electronic form;
to apply for termination of consideration of the complaint.

In the event that, during or as a result of the consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider complaints immediately forwards the available materials to the prosecutor's office.

The applicant has the right to receive information and documents necessary to substantiate and consider the appeal (complaint). Local self-government bodies, its officials, municipal employees of the local self-government body are obliged to provide the applicant with the opportunity to familiarize themselves with the documents and materials related to the consideration of the appeal (complaint), if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contains information constituting a state or other secret protected by federal law.

Executive bodies of state power of St. Petersburg and officials to whom the complaint (claim) of the applicant may be addressed in the pre-trial (out-of-court) procedure

If the subject of the complaint (claim) of the applicant is the actions of the local government providing public services, the complaint (claim) may be sent to the Committee for Social Policy of St. Petersburg:

, St. Petersburg, per. Antonenko, d. 6;

telephone (812) 576‑24‑61, fax (812) 576‑24‑60;

e-mail: [email protected].

Vice Governor of St. Petersburg in charge of the relevant industry:

191060, St. Petersburg, Smolny;

telephone (812) 576-44-80, fax (812) 576-7955.

If the subject of the complaint (claim) of the applicant is the actions of an employee of the MFC unit, the complaint (claim) is sent to the Administration of the Governor of St. Petersburg:

191060, Smolny, Administration of the Governor of St. Petersburg;

e‑mail: [email protected];

telephone (812) 576‑70‑42.

Issuance of permission from the guardianship and guardianship authority to change the name and surname of the child

The subject of pre-trial (out-of-court) appeal are:

violation of the deadline for registration of the applicant's request for the provision of public services;
violation of the term for the provision of public services;
requirement from the applicant of documents that are not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
refusal to accept documents from the applicant, the provision of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, regulatory legal acts of St. Petersburg;
a requirement from the applicant when providing a public service for a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
refusal of a local government body, a municipal employee of a local government body providing a public service, to correct misprints and errors in documents issued as a result of the provision of a public service, or violation of the deadline for such corrections.

The complaint must contain:

name of the local self-government body, official of the local self-government body or municipal employee of the local self-government body whose decisions and actions (inaction) are being appealed;
last name, first name, patronymic (the last name, if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as the contact phone number (numbers), email address (s) (if available) and the postal address to which the response should be sent to the applicant;
information about appealed decisions and actions (inaction) of a local government body, an official of a local government body or a municipal employee of a local government body;
arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the local government, an official of the local government, or a municipal employee of the local government. The applicant may submit documents (if any) or their copies confirming the applicant's arguments.

The complaint received by the local authorities is subject to consideration within the following terms:

within fifteen working days from the date of registration of the complaint;
within five working days from the date of registration of the complaint in the event of an appeal against the refusal of a local government body, an official of a local government body to accept documents from the applicant or to correct misprints and errors, or in the event of an appeal against a violation of the deadline for such corrections;
at other times in cases established by the Government of the Russian Federation.

Based on the results of consideration of the complaint, the local government takes one of the following decisions:

satisfies the complaint, including in the form of cancellation of the decision, correction of misprints and errors made by the local government in documents issued as a result of the provision of public services;
refuses to satisfy the complaint.

When considering a complaint by a local self-government body, a citizen has the right to:

get acquainted with documents and materials related to the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law;
receive a written response on the merits of the issues raised in the complaint, notification of forwarding the written appeal to the state body, local government or official whose competence includes resolving the issues raised in the appeal;
appeal against the decision or action (inaction) in connection with the consideration of the appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
submit additional documents and materials or apply for their reclamation, including in electronic form;
to apply for termination of consideration of the complaint.

Executive bodies of state power of St. Petersburg and officials to whom the complaint (claim) of the applicant may be addressed in a pre-trial (out-of-court) procedure.

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